LOCATION:Circuit Court of Vermilion County
DOCKET NO.: 90-1791
DECIDED BY: Rehnquist Court (1991-1993)
LOWER COURT: United States Court of Appeals for the Second Circuit
CITATION: 503 US 249 (1992)
ARGUED: Jan 21, 1992
DECIDED: Mar 09, 1992
Janet C. Hall – on behalf of the Petitioner
Thomas M. Germain – on behalf of the Respondent
Media for Connecticut National Bank v. Germain
Audio Transcription for Opinion Announcement – March 09, 1992 in Connecticut National Bank v. Germain
William H. Rehnquist:
The opinion of the Court in No. 90-1791, Connecticut National Bank versus Germain will be announced by Justice Thomas.
This case comes to us on a writ of certiorari to the United States Court of Appeals for the Second Circuit.
Respondent Thomas M. Germain, trustee for the estate of the bankrupt O’Sullivan Fuel Oil Company, sued petitioner, Connecticut National Bank, for assorted torts and breaches of contract.
Connecticut National Bank moved to strike Germain’s demand for a jury trial.
The Bankruptcy Court denied the motion and the District Court affirmed.
Connecticut National Bank then attempted to appeal to the Second Circuit but the court dismissed holding that it lacked jurisdiction over interlocutory decisions rendered by the District Court acting as an Appellate Court in bankruptcy.
In an opinion filed today with the Clerk, we reverse the judgment of the Court of Appeals and remand for further proceedings.
Tittle 28 Section 1292 of the United States Code provides for jurisdiction in the Courts of Appeals over interlocutory orders of the District Courts.
We see nothing in the language of this or any other statute that limits Congress’ grant of jurisdiction to any particular subset of such orders.
Because the order of the District Court affirming the order of the Bankruptcy Court is within the language of Section 1292, the Court of Appeals could have exercised jurisdiction over Connecticut National Bank’s appeal.
Justice Stevens has filed an opinion concurring in the judgment; Justice O’Connor also has filed an opinion concurring in the judgment in which Justice White and Justice Blackmun have joined.